SENATE AMENDED PRIOR PRINTER'S NOS. 1065, 1480, 1545, PRINTER'S NO. 1920 1841
No. 903 Session of 1973
INTRODUCED BY MESSRS. DAGER, PANCOAST, GALLAGHER, FISCHER, WISE, BERKES, AND PARKER, MAY 1, 1973
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, OCTOBER 16, 1973
AN ACT 1 Relating to certification of teachers IN THE PUBLIC SCHOOLS OF <-- 2 THE COMMONWEALTH and creating a Professional Standards and 3 Practices Commission. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Definitions.--When used in this act, the 7 following words and phrases shall have the following meanings: 8 (1) "Teacher" shall mean any person who holds a valid 9 Pennsylvania teaching certificate. 10 (2) "Teach" shall mean to engage in the practice of teaching 11 IN THE PUBLIC SCHOOLS OF THE COMMONWEALTH or to provide related <-- 12 educational specialist, administrative or supervisory services 13 IN SUCH SCHOOLS. <-- 14 (3) "Approved school" shall mean all public schools and <-- 15 nonpublic educational institutions of basic education in the 16 Commonwealth that have been granted a license or charter to 17 operate as a nursery school, elementary school, high school, or
1 their equivalents. 2 (4) (3) "Commission" shall mean the Professional Standards 3 and Practices Commission. 4 (5) (4) "Education specialist" shall mean a person employed <-- 5 by an approved A PUBLIC school as a certified guidance <-- 6 counselor, nurse, home and school visitor, psychologist, dental 7 hygienist, instructional media specialist or nutrition 8 specialist. 9 Section 2. Certification Requirements.--No person shall 10 teach in any approved A PUBLIC school in the Commonwealth unless <-- 11 he has met the certification requirements as established by the 12 State Board of Education which are applicable to the institution 13 where he is employed. 14 Section 3. Professional Standards and Practices 15 Commission.--There is hereby created a Professional Standards 16 and Practices Commission consisting of sixteen members appointed 17 by the Governor. The term of office of members of the 18 commission, except the student member whose term shall be one 19 year, shall be three years commencing on January 1 of the year 20 following their appointment, except that original appointments 21 shall be for staggered terms of one, two and three years in 22 order that the terms of five members of the commission shall 23 expire each year thereafter. Vacancies shall be filled for an 24 unexpired term in the same manner as original appointments. No 25 person shall serve for more than two consecutive terms as a 26 member of the commission. The Governor may remove any member 27 from the commission for misconduct or malfeasance in office, 28 incapacity, or neglect of duty. All members of the commission 29 shall be residents of the Commonwealth of Pennsylvania. 30 Section 4. Membership and Qualifications.--(a) The 19730H0903B1920 - 2 -
1 membership of the Professional Standards and Practices 2 Commission shall consist of: 3 (1) Eight classroom teachers, including one educational 4 specialist, broadly representative of the teaching profession 5 from approved PUBLIC schools. <-- 6 (2) Three administrators from approved PUBLIC schools. <-- 7 (3) Two faculty members from approved institutions of higher 8 learning in the Commonwealth offering approved teacher education 9 programs. 10 (4) One administrator from an approved institution of higher 11 learning in the Commonwealth offering approved teacher education 12 programs. 13 (5) One college student currently enrolled in a program of 14 teacher education in an approved institution of higher learning 15 in the Commonwealth offering approved teacher education 16 programs. 17 (6) One member from the general public who shall be a parent 18 of a pupil attending an approved A PUBLIC school. <-- 19 (b) Except for the representative of the general public, and 20 the student representative, the Governor in making appointments 21 shall consider recommendations from panels of nominees submitted 22 by Statewide organizations of professional educators which 23 certify that the panels include only representatives of the 24 category of professional personnel for which the panel or panels 25 of nominees are submitted. and further provided that any <-- 26 professional organization of educators submitting a panel or 27 panels shall certify that the organization maintains a 28 membership category of professional personnel for which the 29 panel or panels of nominees are submitted. 30 (c) All members of the commission except the persons 19730H0903B1920 - 3 -
1 representing the college students and general public shall have 2 been actively engaged in teaching or providing related 3 educational, administrative or supervisory services in an <-- 4 approved A PUBLIC school or approved institution of higher <-- 5 education with approved teacher education programs for at least 6 five of the eight years immediately preceding their appointment. 7 A person appointed to the commission who leaves the Commonwealth 8 to become domiciled in another state or whose employment status 9 changes to a category different from that for which he was 10 appointed shall have his position on the commission deemed 11 vacated. 12 Section 5. Power and Duties.--(a) The Professional Standards 13 and Practices Commission shall have the power and its duty shall 14 be: 15 (1) To recommend to the State Board of Education standards 16 for certification of teachers to render professional services in 17 the approved PUBLIC schools of the Commonwealth and for <-- 18 accreditation of teacher education programs and to evaluate 19 teacher education and certification program services and 20 activities to determine the effectiveness in terms of the annual 21 and long-range program plans and to recommend changes to the 22 State Board of Education as indicated by such evaluations. 23 (2) To recommend to the State Board of Education standards 24 of professional practice for teachers in approved PUBLIC <-- 25 schools. NOTHING CONTAINED HEREIN IS INTENDED TO CONFER UPON THE <-- 26 STATE BOARD OF EDUCATION THE AUTHORITY TO SUSPEND, ANNUL OR 27 REVOKE TEACHING CERTIFICATES OTHER THAN AS IS OTHERWISE PROVIDED 28 IN LAW. 29 (3) To recommend to the State Board of Education procedures 30 which assure that actions resulting from alleged wilful <-- 19730H0903B1920 - 4 -
1 violations of the standards of professional practice referred to 2 in subsection (2) will comply with due process CONCERNING <-- 3 SUSPENSION, ANNULMENT OR REVOCATION OF TEACHING CERTIFICATES 4 SHALL COMPLY WITH DUE PROCESS. 5 (4) In order to make the recommendations referred to in 6 subsections (1), (2) and (3) above, the Department of Education 7 shall furnish all information the commission deems necessary. 8 (5) To adopt rules and regulations as may be necessary to 9 carry out the purposes of this act. The commission shall hold 10 public hearings and take testimony concerning proposed 11 recommendations which shall be presented to the State Board of 12 Education. 13 (6) Nothing in this act shall be construed to prevent 14 organizations of the teaching profession from adopting measures 15 designed to improve the standards and practices of ethics and 16 academic freedom among their members and in their relationships 17 with other persons and groups. 18 (b) All teachers' certificates in force in this Commonwealth 19 at the time this act goes into effect shall continue in full 20 force and effect, subject to all the terms and conditions under 21 which they were issued, until they expire by virtue of their own 22 limitations, unless they are sooner annulled for the reasons and 23 in the manner provided by law. 24 Section 6. Organization and Meetings of the Commission.--The 25 commission shall annually select a chairman and vice-chairman by 26 ballot. Meetings shall be held at least four times per year at 27 the call of the chairman or upon request in writing of a 28 majority of the commission. A majority shall constitute a quorum 29 and a majority of such quorum shall have authority to act upon 30 any matter properly before the commission. The first meeting of 19730H0903B1920 - 5 -
1 the commission shall be held within six months of the effective 2 date of this act. Meetings of the commission shall be open to 3 the public and the Director of Professional Standards and 4 Practices shall be responsible for seeing that notices of 5 meetings of the commission are properly circulated. 6 Section 7. Expenses.--Members of the commission shall 7 receive no compensation for their services, but shall be 8 reimbursed for their actual and necessary expenses incurred in 9 the performance of official commission business. A member of the 10 commission who is an employe of an agency of the Commonwealth, 11 or any of its political subdivisions including school districts, 12 shall be permitted to attend commission meetings and perform 13 other commission duties without loss of income or other 14 benefits. A member of the commission who is employed by a 15 private employer shall be reimbursed for any income lost as a 16 result of attendance at commission meetings or performance of 17 other official commission duties. 18 Section 8. Director of Professional Standards and 19 Practices.--There shall be a Director of Professional Standards 20 and Practices who shall serve as the executive officer and 21 secretary of the commission. The director shall be appointed by 22 the Secretary of Education after consultation with the 23 commission. The Department of Education shall provide adequate 24 space, equipment, staff, secretarial and administrative 25 assistance to facilitate the activities of the commission. 26 The commission shall keep minutes of its meetings and report 27 annually to the Governor, the General Assembly, the teaching 28 profession and the public. 29 Section 9. Professional Standards Committee; Abolition.--The 30 Professional Standards Committee established under Chapter 49 of 19730H0903B1920 - 6 -
1 the Regulations of the State Board of Education is hereby 2 abolished. 3 Section 10. Effective Date.--This act shall take effect 4 immediately. D17L50JW/19730H0903B1920 - 7 -